Dealer will not fix new Horton

[Dee]

We signed good faith papers on June 9, 2005. Did not bring home out until July 19 due to rain. We have poured footers and foundation. It is a 32x72 Horton Boss. It looks like a stick built home. We are getting a FHA loan. Has brick underpinning. Set-up done in 3 days. Only put part of plastic barrier under home. Trim guys came out to do marriage walls left one with a hole in it. Trimmed ends and did a bad job. End window stuck way out at the top. Stuck out so far, the siding waved out as it got to the window. We were told these guys were trained by Horton. During all this the electrical guys came out, set the panel and run the conduit. Heat pump guys came out set heat pump in front of dryer vent. Plumber came out run septic and water to outside of home and stopped. Dealer said they would finish the water and septic before we moved in. He called for county inspection and failed. Didn't have sticker or 911 address on home. Dealer said trim guys would fix most of the things that were wrong with the home. They didn't and left after three days. Their are so many things wrong with this home we are afraid we made a mistake. Every ceiling was cracked, one had an 1/8 of an inch crack and some had several in one room. Screws drove in crooked, door trim dirty and put on after was carpet put in. Cabinets scratched, missing trim and wrong hinges(makes the doors look crooked). Even the striker plates on the front and back door look used and don't match the door knobs. Scratched counter tops. Three dining room windows all leaned to one side. Dealer said Horton would fix these things after we moved in.(on our warranty) Called Horton, they said dealer was responsible for these things before we moved in. He said they should make a list send it to them and the would fix any factory problems. So Horton man comes out repairs dining room windows, tries to repair ceilings but leaves big humps, tries to repair end window but it still leans out and siding dips in. says he will be back in a week or two. Had prior jobs. Dealer calls to see if he is done says he can't wait two weeks he has to close now. We tell him we are not closing until everything is fixed. So he threatens to come and get the home. We tell him to come and get it.
Owners come out to see how we can resolve problem. Agrees to fix everything to our satisfaction before closing. One man comes out does some small things that take a week. Owners daughter calls says they are waiting on parts. Meanwhile another ceiling guy comes out scrap ceilings down says other guy did not do it right. Leaves after three days. Still have big hump in ceiling and did not repair some places(my husband showed him all of them). Called owner told them, they said the would call back but have not. Talked to bank guy told him. He didn't call back either. We have not had any calls from the owner and no more work has been done on this home. Needless to say we are very frustrated and we are running out of time. We have to close by November 11 or the bank will have to pull our credit again which we will have to pay for. Can we pull out now? Would we have to pay for anything?

Thank,
Deborah

[rmurray]

I guess therer was no construction loan....

I would call the lender another rime..call Horton again too.....

If you givew up now..the dealer mioght be able tp put a lien on your property...mechanics liesn are easy to file in GA.......My suggestion is when you need legal advice...get a local lawyer...Get info from him about your rightsa and posssible risk......

I like you would not close until all is right.....

[Eric]

I suggest not looking at Nov. 11 as your "drop dead" date. Whatever relatively small fee you pay to have your credit check ran again will much less expensive than if you dont get all your problems solved on the home

[rmurray]

Good response...but rates are rising and a re approval will be at the new higher rates......thus much more expensive...their attorney should be able to convince the dealer that these increased costs will be his responsibility...

[Dee]

Higher rates is what I am worried about. Our payment is about as high as we can stand. What about getting them to agree to put it on paper that these things will be fixed after closing and within a certain period of time?

[Kevin C]

You said you were getting a FHA loan. Has the home passed FHA inspection? If the dealer has not been very responsive to you up to this time, he will be even less responsive after you close. He will have no incentive to fix anything. I suggest you do as Murray suggested and check with your lawyer.

[rmurray]

Does not sound too me...If they will not finish the home when you owe them money..they will never do it later...Try an attorney for a added push..If the dealer delays the deal improperly...It might mean he would be able to pursue the dealer for the added cost...

Give up now...expect eh home to stay the same as it is forever...I you cannot live with that...Stand your ground...Current FHA rates are about 6.5%...What rate do you expect to close at???

[Mark]

DO NOT CLOSE ON THIS HOME UNTIL IT IS FINISHED!


I too have a Horton, been here nearly 15 months and STILL do not have things finished. All I get are excuses.